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CCJ when abroad. Whats the point?


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Hi Guys,

Wonder if you could point me in the right direction. I am thinking of moving abroad and have read stories of how a DCA can try for a back door CCj. ie using an old address. Can anyone tell me what would be the point of this and what they are trying to achieve?

If you have notified them that you are living abroad then a CCJ is unenforable outside the UK.....and what would be the repercussions on the person who resides at the old address? Would baliffs call? I do not want to move abroad and land the resident of my old address in trouble.

Many thanks

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what would be the point of this and what they are trying to achieve?
Because they know that the majority of debtors are unaware of the laws surrounding CCJs + when they obtain one it gives them a better chance of obtaining enforcement abroad. Besides for the relatively small cost of applying for them they probably think it's worth the punt.

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If you have notified them that you are living abroad then a CCJ is unenforable outside the UK.....and what would be the repercussions on the person who resides at the old address? Would baliffs call? I do not want to move abroad and land the resident of my old address in trouble.
They could still apply for a CCJ using your old address for the very reason given above, they will obtain one by default as you would be unable to dispute it being unaware of the proceedings. Technically yes they could approach the court to take enforcement of the CCJ through bailiffs... although rare it does happen + it creates problems for innocent parties.

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Apparently the Post Office do sell lists of re-directs, although there's nothing to stop you re-directing to a PO box. ;)

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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Because they know that the majority of debtors are unaware of the laws surrounding CCJs + when they obtain one it gives them a better chance of obtaining enforcement abroad. Besides for the relatively small cost of applying for them they probably think it's worth the punt.

 

Cerberusalert - Do you have any knowledge of how CCJs are set aside when the defendant can prove they were and are non resident at the time of default jedgement?

 

I see from the Legal forum that UK residents have to attend a set aside hearing to overturn a default CCJ - How does this work if you are non resident? Can this be done from abroad?

 

Anyone know more about this?

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Yes you can write to the court with a declaration of the fact you were not resident and if possible enclose some form of proof i.e., foreign utility bill in your name, photo-copy of visa etc.

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Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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